Rafed English

Comparative Fatwas on Khums

Fatwās Of Imam Khomeini (q.)

Fatwās of the Grand Ayatollah Khamenei (d.)

1- Question: If a person sells his/her house and buys another house or has another one built, is the proceeds from the sale of the previous house subject to khums, even if a year has not passed?
Answer: If the sold house was bought with the income, salary or business profit from which khums had not been paid, the proceeds are subject to khums, immediately.

1- Question: If a person sells his residential house in order to buy another house or to have a new one built, are the proceeds subject to khums?
Answer: Since the house is part of person’s ma’ūnah, the proceeds are not subject to khums even if it is not spent by the end of the khums year.


2- Question: A person sold his residential house which he had bought with khums–paid money. Is the increase in its value subject to khums? If he had bought it with his yearly earnings (profit), how much and in which case should he pay khums.
Answer: If he had bought the house with profit on which khums had been paid its selling price is subject to no khums even though it has increased. But, if he had bought it with his earnings or salary without paying its khums, khums on the entire selling price should be paid without waiting for the end of khums year to come no matter whether the house was included in ma’ūnah.

2- Question: Is khums applicable to a house constructed some time ago with the money from which khums had not been paid? Assuming that its khums is obligatory, does the appropriate khums correspond to its current value or to the value of the money spent on its construction?
Answer: If the house is constructed from the earnings gained during the year as a residence and after one had lived in it he sold it, the proceeds are not subject to khums. But if it is constructed from the earnings whose khums year had finished, one should pay the khums on the money used for its construction.


3- Question: Is the deposit paid to the landlord by the tenant for renting a house subject to khums? Knowing that this money is just used as a means.
Answer: It is subject to khums, and the khums has to be paid whenever one is able to receive it.

3- Question: For renting a house, people usually give a sum of money in advance. If this money is obtained from one’s earnings and remains with the house owner for several years, is it obligatory to pay its khums immediately after receiving it? And What if one wants to rent another house with this very money?
Answer: As long as one needs this money for renting another house, it is not subject to khums.


4- If a person keeps an amount of money several years in order to buy a house, it is not considered as part of ma’ūnah and they should pay khums on it.
Question: Is the money saved for the purpose of getting married or studying subject to khums?
Answer: If it has been earned by working and it has been kept up to the end of khums year, then it is subject to khums.

4- Question: A person does not own a house and saves money in order to prepare sufficient funds to purchase a house and the necessities of life, is it liable to khums?
Answer: The money saved from annual earnings is liable to khums at the year’s end if it is intended for future living expenses unless it is saved for necessary living expenses in which case if it is to be spent shortly after the end of khums year, say two or three months, for the said purpose, it is not subject to khums provided that paying khums prevents him from purchasing the necessities of life.

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